Samson K T vs State Of Kerala

K.Haripal, J

Petitioner is the accused in Crime No.38/2021 of Perumbavoor Excise Range. The crime was registered on 02.06.2021, alleging offence punishable

under Sections 8(1) and (2), 55(a) and 58 of the Abkari Act.

The allegation is that he was found illegally transporting 3.5 litres of arrack, 3 litres of Indian made foreign liquor and one litre of Karnataka made

liquor. He was arrested from the spot and since then is in judicial custody.

The learned counsel for the petitioner submits that he is a physically disabled person by 45%, that he has no criminal antecedents. The latter

submission has been endorsed by the learned Public Prosecutor also. He is in judicial custody from 02.06.2021 onwards; in the circumstances, his

continued detention is not necessary.

In the circumstances, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

Court;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/committal Court/trial Court as and when required;

vi) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.